Is it illegal to sell the parking space to others by the property during the lease period?

In other words, once the lease contract of parking space comes into effect, it will not affect the validity of your lease contract because of the change of property rights. The other party has no right and will not affect your right to use the parking space during the lease period because of the change of property rights. Therefore, it is not illegal for the other party to transfer or change the property right of the parking space, and it will not affect your use of the parking space during the lease period.

Legal analysis

In the building division, the ownership of planned parking spaces and parking garages is agreed by the parties through sale, gift or lease. Therefore, at present, when most commercial houses are sold, developers and buyers will stipulate the garages and parking spaces specially used for parking cars in the contract, and they will be exclusive or exclusive to the owners through lease, sale or gift. In this case, it is not appropriate to think that the garage and parking space are owned by the owner. Only parking spaces that occupy the owner's roads or other venues belong to the owner. Even for the parking spaces owned by the owners, it is reasonable to charge a certain parking fee. Where the owners use the parts and facilities of the property, they shall go through the relevant formalities in accordance with the provisions after obtaining the consent of the relevant owners, the owners' congress and the property service enterprises. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress. Entrusted by the owners' congress or the owners' committee, the property company has the right to manage and charge for parking or occupying the owners' roads in the residential area. The parking fee charged shall be distributed according to the agreement reached between the property company and the owners' meeting. In fact, the property company is not the main body of charging parking fees. The owners' assembly or owners' committee is the right subject to decide to charge parking fees, and the property company is only entrusted by the owners' assembly or owners' committee to charge parking fees for owners, which is unquestionable in legality. If the owners' committee is not elected due to objective reasons, the residents' committee where the property is located can serve as the owners' committee, so the community residents' committee is also the right subject to decide to charge parking fees. Parking fees can be charged according to relevant standards, but it does not mean that they can be charged at will.

legal ground

People's Republic of China (PRC) Civil Code

Article 276 Parking spaces and garages planned for parking cars within a building division shall first meet the needs of the owners.

Article 240th the owner has the right to possess, use, profit from and dispose of his real estate or chattel according to law.

Article 705 The lease term shall not exceed 20 years. More than twenty years, the excess is invalid. At the expiration of the lease term, the parties may renew the lease contract; However, the agreed lease term shall not exceed twenty years from the date of renewal.